Probate

Not every asset has to pass through probate. For example, property held in a trust usually passes outside of probate. So do accounts with a named beneficiary, such as life insurance or retirement accounts. Assets owned jointly with the right of survivorship also skip probate. Massachusetts offers a simplified “Voluntary Administration” process for small estates. It applies to estates worth $25,000 or less, not counting one vehicle. How the deceased person titled their assets determines whether probate applies and which type.

The personal representative, sometimes called an executor, administers the estate. First, the court appoints this person. Their duties include filing the will with the court and notifying heirs and creditors. They also inventory assets and pay valid debts and taxes. Finally, they distribute the remaining property according to the will or, if there is no will, Massachusetts intestacy law. This role carries real legal obligations. Therefore, our attorneys help clients carry it out correctly and efficiently.

Most straightforward Massachusetts probate cases take about nine months to a year. Creditors have one year from the date of death to file claims against the estate. This window drives the timeline. However, more complex estates can take considerably longer. Disputes among heirs, significant assets, or unclear titling all add time. Working with an experienced probate attorney from the outset helps keep the process moving and avoid unnecessary delays.

When someone dies without a will, they die “intestate,” and Massachusetts law decides who inherits the estate. Generally, a surviving spouse and children have priority. The exact shares depend on the family situation. However, an intestate estate still goes through probate. The court appoints a personal representative, usually a close family member, to administer it. Dying without a will often means less control over who receives what. That is one reason a comprehensive estate plan matters.